1-11-16- Handout- Robert Hines Handout Abe t -I- Fit^'e3 l-it-l6
My name is Robert Hines. I live at 880 Beach Avenue at the corner of Club Drive. I want
to speak briefly about agenda item 8 C, concerning the South Gate at the Cloister's
Condominium.
First, I want to thank all of you for your service to our Community. Second, I want to
sincerely thank Commissioner Stinson for getting involved and coming up with a
proposed compromise. However, at this time, I respectfully oppose his proposal to
make the Cloisters South Gate an entrance while the North Gate continues to be used
as an entrance and exit. For the following reasons, I request that the Commission not
take any action at this time, and table any decision on this issue until a later date when
all pertinent information is available so the Commission can make a fully informed
decision.
According to comments in old Commission Meeting Minutes, including comments by
former Mayor Gulliford in February, 1990, when the Cloister's was issued their building
permit in 1973, it was issued under a PUD with certain restrictions, one being that the
South Gate would be used for emergency purposes only and the North Gate would be
the main entrance to enter and exit the property. And that's what happened. The South
Gate has remained closed except for emergency purposes for decades.
I understand nobody has found a copy of the PUD but it is apparent the property is part
of a PUD. This exact same question was raised in 1990 and, at that time, the City
concluded that the Cloisters is part of a PUD. That is memorialized in a memorandum
submitted by the City Clerk on February 20, 1990. I have copies of the memorandum if
you want to review it. Since it is apparent the restriction is part of a PUD, you would
need to follow the law for amending a PUD, which includes submitting the issue to the
Community Development Board, before the Commission takes any action.
I also understand that on February 17, 2015 the subject of the South Gate at the
Cloisters was considered by the Community Development Board and their
recommendation at that time was to keep the South Gate at the Cloisters closed. The
factors considered by the Community Development Board and the reasons for their
recommendation should be considered by the Commission. If the information is
available, why not take advantage of giving it some thought and consideration?
If the analysis as described in the City Clerk's February 20, 1990 memorandum is
somehow flawed, and someone wants to contend that the PUD does not exist, the
Commission should determine where the restriction concerning the South Gate was
memorialized so you can make sure you comply with the law when deciding this issue.
Although we had a small town halt type meeting about the South Gate last Thursday
night, it only included home owners from the Cloister's, Club Manor, and what has come
to be known as little Plaza Road. Changing traffic patterns in this part of Atlantic Beach
is likely to affect all the streets from Atlantic to Club Drive from Sherry to Beach
Ave...Better known as Old Atlantic Beach. Some may disagree with that assessment but
everyone must acknowledge the possible impact. Everyone in our community who may
be affected by this proposal should have an opportunity to provide their input before a
decision is made.
I urge you to be prudent. Before making a decision on this issue, a traffic study should
be performed by a Licensed and experienced Traffic Engineering Firm, to determine the
actual impact the proposed change will have on traffic patterns in Atlantic Beach.
Although I will leave it up to the professionals, it seems a diligent study should consider
traffic at the peek of the season between Memorial Day and Labor Day, when the
Cloister's is fully occupied.
This issue should also be tabled until the issue concerning the City Attorney is resolved
so the Commission can make certain the attorney focuses on this issue and advises the
City whether its proposed changes are legal. If the answer to that question is not clear,
the City needs to consider whether it will be exposed to a lawsuit and, if so, what the
likely outcome would be. That likely outcome should be weighed against the perceived
benefit of opening the Closter's South Gate.
)/.11>e ' According the City's records, this issue has been considered at least three times. It was
considered in 1986, 1990 and again last February. Each time the proposal to open the
Cloister's South Gate has been rejected. Every time there is a claim that circumstances
have changed. They haven't. Shouldn't there be some respect for prior decisions of the
Commission and Community Development Board?
Finally, I hope the Commission will clarify that the status quo should be maintained and
the gate should remain closed until the Commission has an opportunity to make a fully
informed decision.
Thank you for giving me the opportunity to speak.